4/25/2008
SARAH KESSINGER

TOPEKA - The state Supreme Court on Thursday stayed a case filed by Sunflower Electric and partners to build two coal-fired power plants and ordered the utilities to first finish their appeals with the state Department of Health and Environment and in Finney County District Court.

The action means Sunflower, which says it has until June to get a permit for the plants, won't likely have a swift decision on their case to build the generators near Holcomb.

"I am disappointed that they won't be responding as quickly as I'd hoped for, but not too surprised," said Senate President Steve Morris, R-Hugoton, whose district includes Finney County, the site of the proposed plants. "Because of the nature of the courts, it takes a while to sort everything out."

The court's action could prod legislative leaders to increase pressure next week for an override of the governor's veto of a bill allowing the plants.

House Speaker Melvin Neufeld, R-Ingalls, indicated the court order meant legislators would have to resolve the issue when they return for a wrap-up session beginning April 30.

"We're just going to have to focus on what we've planned to do," said Neufeld's spokeswoman Sherriene Jones.

Sunflower spokesman Steve Miller said he couldn't comment until the company's attorneys had briefed him on a response. Tri-State Electric Generation and Transmission Association, the Colorado utility financing the project, also did not yet have comment this morning, pending a review of the order.

The order specified that an appeal filed by the two utilities and by the Finney County Commission would remain on hold "pending the completion of all matters related to these cases" pending before KDHE and the state Office of Administrative Hearings and before the Finney County District Court or "until this court may otherwise later order."

Parties in the case also were ordered to file a report detailing the status of the pending cases by June 2 and every 60 days afterward.

The cases appeal a KDHE regulator's rejection of the permit for the plants because of their large amount of carbon dioxide emissions. Sunflower, Tri-State and Finney County commissioners filed the appeal late last year with the district court and with the state Court of Appeals. The Supreme Court later took up the court cases but had taken no further action until Thursday. An appeal was also pending before a hearings officer at the Kansas Department of Administration, which state law requires of utilities before they seek a court remedy.

Legislative leaders mounted an effort to reverse the permit denial through the Legislature, Morris said, because of the time factor.

"We thought all along that to wait for the court to decide would probably take too long. That's one reason why we thought a legislative remedy would be better for everyone," Morris said.

The high court's order came the same day that legislative GOP leaders gave Democratic Gov. Kathleen Sebelius an ultimatum Thursday telling her she should accept their compromise proposal for slightly smaller coal-burning power plants or face a veto override.

For more on this story, see Saturday's Salina Journal.